Air Quality Plans; Approvals and Promulgations: California; Amador Air District; New Source Review, 8078-8080 [2024-02164]
Download as PDF
<![CDATA[
8078
Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for people of color, lowincome populations, and Indigenous
peoples.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 8, 2024.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Dated: January 31, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Subpart L—Georgia
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
2. In § 52.570, amend table 1 to
paragraph (c) by revising the entry for
‘‘391–3–1–.02(4)’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED GEORGIA REGULATIONS
State citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
391–3–1–.02 ..................
*
391–3–1–.02(4) ..............
*
*
*
*
*
*
Ambient Air Standards ..
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2023–0355; FRL–11176–
02–R9]
Air Quality Plans; Approvals and
Promulgations: California; Amador Air
District; New Source Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
ddrumheller on DSK120RN23PROD with RULES1
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a permitting rule submitted as
a revision to the Amador Air District
(AAD or ‘‘District’’) portion of the
California State Implementation Plan
SUMMARY:
16:01 Feb 05, 2024
9/19/2022
*
[FR Doc. 2024–02321 Filed 2–5–24; 8:45 am]
VerDate Sep<11>2014
*
*
*
Provisions
*
*
Explanation
Jkt 262001
*
*
2/6/2024, [Insert citation
of publication].
*
*
(SIP). This revision concerns the
District’s New Source Review (NSR)
permitting program for new and
modified sources of air pollution under
part D of Title I of the Clean Air Act
(CAA or ‘‘Act’’). This action will update
the District’s applicable SIP with a rule
revised to address deficiencies
identified in a previous limited
disapproval action by the EPA related to
the District’s NSR permitting program
under Part D. This final approval action
permanently terminates all sanctions,
sanctions clocks, and federal
implementation plan clocks triggered by
our January 12, 2022 limited
disapproval action. This action also
finalizes regulatory text to clarify that
Amador County is not subject to the
Federal Implementation Plan related to
protection of visibility.
DATES: This rule will be effective March
7, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
PO 00000
Frm 00014
Fmt 4700
*
*
Except paragraphs (a), (c), (d), (e), (f), (g), and
(h), approved on 12/4/2018 with a state effective date of 7/20/2017.
Sfmt 4700
*
*
EPA–R09–OAR–2023–0355. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section. If you
need assistance in a language other than
English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Karima Zulfo, EPA Region IX, 75
E:\FR\FM\06FER1.SGM
06FER1
8079
Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3953 or by
email at zulfo.karima@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On September 25, 2023, the EPA
proposed to approve the rule listed in
Table 1 into the California SIP.1 The
rule revisions that are the subject of this
action represent an update to the
District’s preconstruction review and
permitting program and are intended to
satisfy the requirements under part D of
title I of the Act (‘‘Nonattainment NSR’’
or ‘‘NNSR’’).2 We proposed to approve
this rule because we determined that it
complies with the relevant CAA
requirements. Our proposed action
contains more information on the rule
and our evaluation.
TABLE 1—SUBMITTED RULE
Amended
date
Rule No.
Rule title
400 ..............................................................
NSR Requirements for New and Modified Major Sources in Nonattainment Areas.
Submitted
date
1/17/2023
3/3/2023
The current SIP-approved version of
the submitted rule is identified below in
Table 2.
TABLE 2—SIP-APPROVED RULE
Rule title
400 ........................................................
NSR Requirements for New and Modified Major Sources in Nonattainment Areas.
As discussed in our proposal, the rule
listed in Table 2 will be replaced in the
SIP by the submitted rule listed in Table
1 upon our final approval. As described
in our proposal, the EPA’s final
approval of Rule 400 will resolve all
deficiencies forming the basis for our
previous limited disapproval of the
prior version of Rule 400, adopted by
the District on August 20, 2019, which
is listed in Table 2.3
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, one non-germane comment
was submitted on our proposal. A copy
of the comment is included in the
docket for this action.
III. EPA Action
No germane comments were
submitted on our proposal. Therefore, as
authorized in section 110(k)(3) of the
Act, the EPA is approving the submitted
rule. This action incorporates the
submitted rule into the California SIP
ddrumheller on DSK120RN23PROD with RULES1
SIP approval
date
Rule No.
1 88
FR 65647.
discussed in Section 2.2 of the Technical
Support Document (TSD) for this action, dated
August 2023, Amador County was designated as a
Moderate nonattainment area for the 1997 ozone
National Ambient Air Quality Standard (NAAQS) at
the time that standard was revoked, and is currently
designated as a Marginal nonattainment area for the
2015 ozone NAAQS. See 40 CFR 81.305. On
2 As
VerDate Sep<11>2014
16:01 Feb 05, 2024
Jkt 262001
and replaces the previously submitted
rule listed in Table 2. This approval
resolves all deficiencies forming the
basis for our previous limited
disapproval in 2022 of the prior version
of Rule 400, as we find that submitted
Rule 400 fully satisfies the relevant
requirements for preconstruction review
and permitting under section 110 and
part D of the Act.4 This action also
permanently terminates all sanctions,
sanctions clocks, and federal
implementation plan clocks triggered by
our January 12, 2022 limited
disapproval action.
As noted in our proposal, this action
also revises the regulatory provisions at
40 CFR 52.281(d) concerning the
applicability of the visibility federal
implementation plan (FIP) at 40 CFR
52.28 as it pertains to California, to
provide that this FIP does not apply to
sources subject to review under the
District’s SIP-approved NNSR program.
The EPA has previously found Rule 400
acceptable to meet the visibility
provisions for sources subject to the
NNSR program at 40 CFR 51.307, and
October 7, 2022, the EPA determined that Amador
County attained the 2015 ozone NAAQS by the
applicable attainment date. 87 FR 60897.
3 87 FR 1683 (‘‘2022 NSR Action’’).
4 These requirements include all relevant NNSR
requirements for the 1997 and 2015 ozone NAAQS
for areas classified as Moderate or Marginal.
5 See TSD for our 2022 NSR Action, dated July
20, 2021, Sections 1, 4.3, 6, and 9. As we noted in
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
1/12/2022
Federal Register
citation
87 FR 1683
the EPA finds that revised Rule 400
continues to satisfy those requirements.5
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of Rule 400
NSR Requirements for New and
Modified Major Sources in
Nonattainment Areas, amended 1/17/
2023, which implements a
nonattainment NSR permit program.
The EPA has made, and will continue
to make, these documents available
through https://www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
our TSD for the current action, the submitted
revised Rule 400 adds a provision that more clearly
provides the District the authority to require
monitoring in Federal Class I areas if deemed
necessary, consistent with a recommendation by the
EPA in our 2022 NSR Action. We find this new
provision consistent with the EPA’s visibility
requirements in 40 CFR 51.307(d). See TSD dated
August 2023, Section 3.2.
E:\FR\FM\06FER1.SGM
06FER1
ddrumheller on DSK120RN23PROD with RULES1
8080
Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
VerDate Sep<11>2014
16:01 Feb 05, 2024
Jkt 262001
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’ The State did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. The EPA did not perform an
EJ analysis and did not consider EJ in
this action. Consideration of EJ is not
required as part of this action, and there
is no information in the record
inconsistent with the stated goal of
Executive Order 12898 of achieving
environmental justice for people of
color, low-income populations, and
Indigenous peoples.
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 8, 2024.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
PO 00000
Frm 00016
Fmt 4700
Sfmt 9990
Dated: January 29, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends part 52, chapter I, title
40 of the Code of Federal Regulations as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(568)(i)(A)(2) and
(c)(609) to read as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(568) * * *
(i) * * *
(A) * * *
(2) Previously approved on January
12, 2022, in paragraph (c)(568)(i)(A)(1)
of this section and now deleted with
replacement in paragraph
(c)(609)(i)(A)(1) of this section: Rule
400, ‘‘NSR Requirements for New and
Modified Major Sources in
Nonattainment Areas,’’ adopted on
August 20, 2019.
*
*
*
*
*
(609) The following regulation was
submitted electronically on March 3,
2023, by the Governor’s designee as an
attachment to a letter dated March 2,
2023.
(i) Incorporation by reference. (A)
Amador Air District.
(1) Rule 400, ‘‘NSR Requirements for
New and Modified Major Sources in
Nonattainment Areas,’’ adopted on
January 17, 2023.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
*
*
*
*
*
3. Section 52.281 is amended by
adding paragraph (d)(14) to read as
follows:
■
§ 52.281
Visibility protection.
*
*
*
*
*
(d) * * *
(14) Amador Air District.
*
*
*
*
*
[FR Doc. 2024–02164 Filed 2–5–24; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\06FER1.SGM
06FER1
]]>Agencies
[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Rules and Regulations]
[Pages 8078-8080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02164]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0355; FRL-11176-02-R9]
Air Quality Plans; Approvals and Promulgations: California;
Amador Air District; New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a permitting rule submitted as a revision to the
Amador Air District (AAD or ``District'') portion of the California
State Implementation Plan (SIP). This revision concerns the District's
New Source Review (NSR) permitting program for new and modified sources
of air pollution under part D of Title I of the Clean Air Act (CAA or
``Act''). This action will update the District's applicable SIP with a
rule revised to address deficiencies identified in a previous limited
disapproval action by the EPA related to the District's NSR permitting
program under Part D. This final approval action permanently terminates
all sanctions, sanctions clocks, and federal implementation plan clocks
triggered by our January 12, 2022 limited disapproval action. This
action also finalizes regulatory text to clarify that Amador County is
not subject to the Federal Implementation Plan related to protection of
visibility.
DATES: This rule will be effective March 7, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2023-0355. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section. If you need assistance in a language other than English or if
you are a person with disabilities who needs a reasonable accommodation
at no cost to you, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Karima Zulfo, EPA Region IX, 75
[[Page 8079]]
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3953 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On September 25, 2023, the EPA proposed to approve the rule listed
in Table 1 into the California SIP.\1\ The rule revisions that are the
subject of this action represent an update to the District's
preconstruction review and permitting program and are intended to
satisfy the requirements under part D of title I of the Act
(``Nonattainment NSR'' or ``NNSR'').\2\ We proposed to approve this
rule because we determined that it complies with the relevant CAA
requirements. Our proposed action contains more information on the rule
and our evaluation.
---------------------------------------------------------------------------
\1\ 88 FR 65647.
\2\ As discussed in Section 2.2 of the Technical Support
Document (TSD) for this action, dated August 2023, Amador County was
designated as a Moderate nonattainment area for the 1997 ozone
National Ambient Air Quality Standard (NAAQS) at the time that
standard was revoked, and is currently designated as a Marginal
nonattainment area for the 2015 ozone NAAQS. See 40 CFR 81.305. On
October 7, 2022, the EPA determined that Amador County attained the
2015 ozone NAAQS by the applicable attainment date. 87 FR 60897.
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Amended Submitted
Rule No. Rule title date date
----------------------------------------------------------------------------------------------------------------
400........................................... NSR Requirements for New and Modified 1/17/2023 3/3/2023
Major Sources in Nonattainment Areas.
----------------------------------------------------------------------------------------------------------------
The current SIP-approved version of the submitted rule is
identified below in Table 2.
Table 2--SIP-Approved Rule
----------------------------------------------------------------------------------------------------------------
SIP approval Federal Register
Rule No. Rule title date citation
----------------------------------------------------------------------------------------------------------------
400....................................... NSR Requirements for New and 1/12/2022 87 FR 1683
Modified Major Sources in
Nonattainment Areas.
----------------------------------------------------------------------------------------------------------------
As discussed in our proposal, the rule listed in Table 2 will be
replaced in the SIP by the submitted rule listed in Table 1 upon our
final approval. As described in our proposal, the EPA's final approval
of Rule 400 will resolve all deficiencies forming the basis for our
previous limited disapproval of the prior version of Rule 400, adopted
by the District on August 20, 2019, which is listed in Table 2.\3\
---------------------------------------------------------------------------
\3\ 87 FR 1683 (``2022 NSR Action'').
---------------------------------------------------------------------------
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, one non-germane comment was submitted on our
proposal. A copy of the comment is included in the docket for this
action.
III. EPA Action
No germane comments were submitted on our proposal. Therefore, as
authorized in section 110(k)(3) of the Act, the EPA is approving the
submitted rule. This action incorporates the submitted rule into the
California SIP and replaces the previously submitted rule listed in
Table 2. This approval resolves all deficiencies forming the basis for
our previous limited disapproval in 2022 of the prior version of Rule
400, as we find that submitted Rule 400 fully satisfies the relevant
requirements for preconstruction review and permitting under section
110 and part D of the Act.\4\ This action also permanently terminates
all sanctions, sanctions clocks, and federal implementation plan clocks
triggered by our January 12, 2022 limited disapproval action.
---------------------------------------------------------------------------
\4\ These requirements include all relevant NNSR requirements
for the 1997 and 2015 ozone NAAQS for areas classified as Moderate
or Marginal.
---------------------------------------------------------------------------
As noted in our proposal, this action also revises the regulatory
provisions at 40 CFR 52.281(d) concerning the applicability of the
visibility federal implementation plan (FIP) at 40 CFR 52.28 as it
pertains to California, to provide that this FIP does not apply to
sources subject to review under the District's SIP-approved NNSR
program. The EPA has previously found Rule 400 acceptable to meet the
visibility provisions for sources subject to the NNSR program at 40 CFR
51.307, and the EPA finds that revised Rule 400 continues to satisfy
those requirements.\5\
---------------------------------------------------------------------------
\5\ See TSD for our 2022 NSR Action, dated July 20, 2021,
Sections 1, 4.3, 6, and 9. As we noted in our TSD for the current
action, the submitted revised Rule 400 adds a provision that more
clearly provides the District the authority to require monitoring in
Federal Class I areas if deemed necessary, consistent with a
recommendation by the EPA in our 2022 NSR Action. We find this new
provision consistent with the EPA's visibility requirements in 40
CFR 51.307(d). See TSD dated August 2023, Section 3.2.
---------------------------------------------------------------------------
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of Rule 400
NSR Requirements for New and Modified Major Sources in Nonattainment
Areas, amended 1/17/2023, which implements a nonattainment NSR permit
program. The EPA has made, and will continue to make, these documents
available through https://www.regulations.gov and at the EPA Region IX
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the
[[Page 8080]]
provisions of the Act and applicable federal regulations. 42 U.S.C.
7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's
role is to approve state choices, provided that they meet the criteria
of the Clean Air Act. Accordingly, this action merely approves state
law as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' The State did not
evaluate environmental justice considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. The EPA did not perform an EJ
analysis and did not consider EJ in this action. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of Executive Order 12898 of
achieving environmental justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 8, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: January 29, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(568)(i)(A)(2) and
(c)(609) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(568) * * *
(i) * * *
(A) * * *
(2) Previously approved on January 12, 2022, in paragraph
(c)(568)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(609)(i)(A)(1) of this section: Rule 400, ``NSR
Requirements for New and Modified Major Sources in Nonattainment
Areas,'' adopted on August 20, 2019.
* * * * *
(609) The following regulation was submitted electronically on
March 3, 2023, by the Governor's designee as an attachment to a letter
dated March 2, 2023.
(i) Incorporation by reference. (A) Amador Air District.
(1) Rule 400, ``NSR Requirements for New and Modified Major Sources
in Nonattainment Areas,'' adopted on January 17, 2023.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
* * * * *
0
3. Section 52.281 is amended by adding paragraph (d)(14) to read as
follows:
Sec. 52.281 Visibility protection.
* * * * *
(d) * * *
(14) Amador Air District.
* * * * *
[FR Doc. 2024-02164 Filed 2-5-24; 8:45 am]
BILLING CODE 6560-50-P
